maryland department of transportation for proposals...maryland department of transportation state...

Maryland Department of Transportation

State Highway Administration Baltimore, Maryland Request for Proposals

Minority Business Enterprises are encouraged to respond to this Solicitation Notice.

The State Highway Administration will only be responsible for the completeness of documents obtained directly from the State Highway Administration Cashier’s Office.

Failure to attach all addenda may cause the bid to be irregular.

VENDOR I.D. NUMBER

S.H.A. USE ONLY

Contract No. PG7585184

MD 4 from Forestville Road to MD 458 (Silver Hill Road)

Community Safety and Enhancement Project

Design-Build

Prince George's County

CONTRACT NO. PG7585184

TABLE OF CONTENTS

Request for Proposals ........................................................................................................... Cover

Table of Contents ........................................................................................................................... i

CONTRACT PROVISIONS

Notice to Contractors - Maryland Standards for E&S Controls................................................. 1

Notice to Contractors -Environmental Stewardship ................................................................... 2

CP - (NCHRP) Report 350 and MASH Implementation Schedule ........................................... 3

CP - MdMUTCD Requirements .................................................................................................. 5

CP - Occupying Wetlands/Waterways For Design-Build .......................................................... 6

CP - Affirmative Action Requirements Utilization of Minority Business Enterprises for Straight State Contracts ............................................................. 9

CP - Notice To Contractors Concerning The MBE/DBE Goal On This Contract ....................................................... 18

CP - MBE Dual Certification ..................................................................................................... 19

CP - Apprenticeship Training Fund ........................................................................................... 20

CP - MBE/DBE Compliance Field Meeting ............................................................................. 26

CP - Traffic Control Plan Certification For Design-Build ....................................................... 27

CP - Prevailing Wage Instructions For The Contractor ........................................................................................................... 28

CP - Contractor Affirmative Action Program ........................................................................... 38

CP - High Visibility Safety Apparel Policy............................................................................... 47

CP - DB Specifications ............................................................................................................... 49

03-05-14


TABLE OF CONTENTS

ii Addendum 6, 10-2-2014

Addendum 7, 10-8-2014

SPECIAL PROVISIONS

SP - Project Description, Specifications, and Employment Agency ................................... 51

SP - Notice to Contractor - Request for Information ........................................................... 52

SP – DNR Reforestation Permit ......................................................................................... 55

SP – MDE Wetlands and Waterways Permit ................................................................... 56A

SP – ACOE Wetlands and Waterways Permit .................................................................. 56P

SP – MDE Letter of Intent .............................................................................................. 56AI

SP - Notice to Contractor - Early Submissions.................................................................... 57

GENERAL PROVISIONS

GP – Section 2.19 – Bid Evaluation and Award ............................................................... 57A

TERMS AND CONDITIONS

TC - Section 2 - Bidding Requirements And Conditions For Low-Bid (Design-Build) ....... 58

TC - Section 2 - Stipend Agreement ................................................................................. 101

TC - Section 3.01-3.08 - Scope of Services ...................................................................... 106

TC - Section 3.09 - Roadway Performance Specification .................................................. 142

TC - Section 3.10 - Pavement Performance Specification ................................................. 152

TC - Section 3.11 - Structural Performance Specification ................................................. 176

TC - Section 3.12 - Traffic Performance Specification ..................................................... 189

TC - Section 3.13 - Roadside Landscape And Reforestation Design Performance

Specifications ............................................................................................................ 221

TC - Section 3.14 - Geotechnical Performance Specification ............................................ 246

TC - Section 3.15 - Utility Design And Relocation Performance Specifications................ 270

TC - Section 3.16 - Maintenance Of Traffic (MOT) Performance Specification................ 283

TC - Section 3.17 - Drainage, Stormwater Management, And Erosion & Sediment Control

Performance Specification ......................................................................................... 300


TABLE OF CONTENTS

iii Addendum 1, 5-28-2014

Addendum 6, 10-2-2014

TC - Section 3.19 - Construction Requirements Performance Specifications .................... 311

TC - Section 3.20 - Environmental Performance Specification ......................................... 316

TC - Section 3.21 - Public Outreach Performance Specifications ...................................... 327

TC - Section 4.01 - Control of Work For Design-Build .................................................... 332

SP - TC 4.02 - Failure to Maintain Project ........................................................................ 333

TC - Section 5.01 - Legal Relations And Progress For Design-Build ................................ 334

SPI - TC 6.10 - Recycled or Rehandled Materials ............................................................. 339

SPI - TC-6.12 Structure Underclearances and Overhead Clearances ................................. 340

SP - TC 6.14 - Restrictions for Placing and Using Equipment on Structures, or

storing Materials on/or Against Structures. ............................................................... 341

TC - Section 7.01 - Payment For Design-Build................................................................. 342

SP-TC-7.09 Price Adjustment for Diesel Fuel .................................................................. 350

CATEGORY 100 PRELIMINARY

SPI - Section 101- Clearing and Grubbing ........................................................................ 353

SP - Section 103 - Engineers Office ................................................................................. 354

SP - Section 104 Maintenance of Traffic

104.01 - Traffic Control Plan (TCP) ........................................................................ 362

SPI - Section 104 - Maintenance of Traffic

104.07 - Arrow Panel (AP) ....................................................................................... 366

SP - Section 104 - Maintenance of Traffic

104.11 - Temporary Pavement Markings .................................................................. 368


104.12 - Drums for Maintenance of Traffic .............................................................. 370

SPI Section 104 - Maintenance of Traffic

104.14 - Cones for Maintenance of Traffic ............................................................... 371


TABLE OF CONTENTS

iv Addendum 1, 5-28-2014

Addendum 6, 10-2-2014


104.19 - Portable Variable Message Signs (PVMS) .................................................. 372

SP - Section 104 - Maintenance of Traffic

104.21 - Cellular Telephones .................................................................................... 374

SPI Section 104.23 - Protection Vehicle ........................................................................... 375


104.25 - Drone Radar ............................................................................................... 376

SPI Section 104 - Maintenance of Traffic

104.31 - Accessible Pedestrian Maintenance of Traffic ............................................. 377

SP - Section 107 - Construction Stakeout ........................................................................ 379

SP - Section 112 - Critical Path Method Project Schedule ................................................ 384

SPI - Section 111 - Sampling Devices, Testing and Safety Equipment .............................. 389

SP - Section 113 - Digital Camera .................................................................................... 394

SP - Section 114 - Truck Staging Areas and Idling Requirements ..................................... 395

CATEGORY 200 GRADING

SP Section 203 - Borrow Excavation

203.01.02 Notice to Contractor - Borrow Pits .......................................................... 396

SP - Section 204 - Embankment and Subgrade ................................................................. 399

CATEGORY 300 DRAINAGE

SP - Section 300 Drainage

Stormwater Management As-Built Certification ...................................................... 400

SP - Section 300 - Pipe Lining......................................................................................... 405

SPI - Section 303 - Pipe Culverts ..................................................................................... 409

SPI Section 305 - Miscellaneous Structures

305.03.06 Precast Drainage Structures ...................................................................... 410

SPI - Section 308 - Erosion and Sediment Control ............................................................ 411


TABLE OF CONTENTS

v Addendum 1, 5-28-2014

Addendum 6, 10-2-2014

SP-Section 308-Erosion and Sediment Control

Quality Assurance Ratings .................................................................................... 417

SPI Section 314 - Flowable Backfill ................................................................................. 418

SPI - Section 316 - Stormwater Filtration Facilities .......................................................... 419

CATEGORY 400 STRUCTURES

SP - Section 456 - Architectural Treatment ...................................................................... 423

SP - Section 456 - Architectural Treatment ...................................................................... 427

CATEGORY 500 PAVING

SP Section 500 - Foamed Asphalt Stabilized Base Course ................................................ 428

SPI Section 504 - Hot Mix Asphalt Pavement .................................................................. 433

SPI-Section 505-Hot Mix Asphalt Patches ....................................................................... 438

SPI-Section 506-Gap Graded Stone Matrix Asphalt ......................................................... 439

SP-Section 520 - Plain and Reinforced Portland Cement Concrete Pavements .................. 443

SPI - Section 522 - Portland Cement Pavement Repairs.................................................... 446

SP - Section 535 - Pavement Surface Profile .................................................................... 447

SP Section 550 - Pavement Marking Paint ....................................................................... 454

SP-Section 552 Epoxy Pavement Marking ...................................................................... 456

SP - Section 553 Lead Free Reflective

Thermoplastic Pavement Markings .......................................................................... 458

SP - Section 556 - Preformed Thermoplastic Pavement Markings .................................... 461

SP-557 Snowplowable Raised Pavement Markers ............................................................ 463

SP - Section 559 Permanent Preformed Patterned

Reflective Pavement Markings ................................................................................. 466

SP Section 565 - Removal of Existing Pavement Markings .............................................. 469


TABLE OF CONTENTS

vi Addendum 6, 10-2-2014

CATEGORY 600 SHOULDERS

SPI - Section 605 - Metal Traffic Barriers ........................................................................ 471

SPI - Section 606 Permanent Traffic Barrier End Treatment ............................................. 472

CATEGORY 700 LANDSCAPING

SP-Section 701- Topsoil and Subsoil ............................................................................. 472A

SP-Section 704-Temporary Seed and Temporary Mulch .................................................. 473

SP-Section 705-Turfgrass Establishment ....................................................................... 475B

SP-Section 706- Shrub Seeding ..................................................................................... 475H

SP-Section 707- Meadow Establishment ....................................................................... 475O

SP-Section 708- Turfgrass Sod Establishment ................................................................ 475U

SP-Section 709-Soil Stabilization Matting ........................................................................ 476

SP-Section 710- Tree, Shrub, and Perennial Installation and Establishment ................... 477E

SP-Section 712- Tree Branch Pruning ........................................................................... 477R

SP-Section 715- Tree Root Pruning ............................................................................... 477T

SP-Section 716- Tree Fertilizing ................................................................................... 477V

CATEGORY 800 TRAFFIC

SP - IP Base Video Traffic Detection Cameras ................................................................. 478

SP-Section 800 -Maintain Existing Roadway Lighting ..................................................... 485

SP - Mast Arms and Mast Arm Poles-single, twin and triple ............................................. 486

SP - Non-Invasive, Magneto-Inductive Microloop Detectors ............................................ 496

SP-LED Sign Luminaires ................................................................................................. 499

SP-LED Countdown Pedestrian Signals ........................................................................... 501

SP-800 Audible/Tactile Pedestrian Pushbutton Station and Signs ..................................... 506


TABLE OF CONTENTS

vii Addendum 6, 10-2-2014

SP - Coating New Galvanized Structures .......................................................................... 509

SP - Signal Equipment Turn On, Pick-Up, Removal and Maintenance ............................. 511

SP - Utility Connections and Utility Stakeout .................................................................. 514

SP -Disconnect, Pullback and Reroute Existing Cable ..................................................... 516

SP - Catalog Cuts and Working Drawings ........................................................................ 517

SP -Section 802-Galvanized Steel Beam Sign Posts ......................................................... 522

SPI - Section 806 - Luminaires and Lamps ....................................................................... 523

SP-Section 806-Luminaires and Lamps

806.03.05 Luminaire Photometric Data and Calculations .......................................... 525

SP - Section 810 - Electrical Cable, Wire and Connectors ............................................... 526

SP - Section 813 - Signs ................................................................................................... 528

SP - Section 814 - Signal Heads ....................................................................................... 529

SP - Section 816 - Traffic Control Device Cabinets and Equipment.................................. 530

SP - Section 822-Remove and Relocate Existing Signs and Sign Structures ..................... 531

CATEGORY 900 MATERIALS

SP - Section 900 - Foamed Asphalt Stabilized Base Course .............................................. 532

SPI - Section 900 - Materials

900.03 - Recycled Materials ..................................................................................... 535

SPI - Section 901-Aggregates

901.05 - Stones for Gabions ..................................................................................... 540

SPI-Section 902 - Portland Cement Concrete and Related Products .................................. 541

SPI-Section 904-Performance Graded Asphalt Binders and Hot Mix Asphalt ................... 557

SPI Section 905 - Pipe ...................................................................................................... 558

SPI -Section 908 - Reinforcement Steel ............................................................................ 563

SPI - Section 914 - Chain Link Fence ............................................................................... 564


TABLE OF CONTENTS

viii Addendum 6, 10-2-2014

SPI-Section 916 - Soil and Soil-Aggregate Borrow .......................................................... 565

SPI - Section 917 - Miscellaneous Protective Coatings ..................................................... 566

SPI - Section 918 - Traffic Barriers .................................................................................. 569

SPI - Section 920 - Landscaping ....................................................................................... 570

SPI - Section 921 - Miscellaneous

921.09 - Geotextiles ................................................................................................. 574

SPI - Section 925 - Detectable Warning Surfaces ............................................................. 577

SECTION 950 TRAFFIC MATERIALS

SP-Section 950-Traffic Materials

950.03 Reflectorization of Signs and Channelization Devices................................... 579

SP-Section 950 - Traffic Materials

950.12 - Luminaires and Lamps .............................................................................. 581

SP - Section 951 - Pavement Marking Materials

951.01 Nontoxic Lead Free Waterborne Pavement Markings ................................ 583


951.02 - Lead Free Thermoplastic Markings............................................................. 587


951.04 - Removable Pavement Marking Tape .......................................................... 591

SP Section 951 - Pavement Marking Materials

951.05 Snowplowable Raised Pavement Markers and Recessed Pavement Markers . 594


951.06 Heat Applied Permanent Preformed Thermoplastic

Pavement Marking Materials ..................................................................................... 597

SP Section 951 - Pavement Marking Materials

951.07 Permanent Preformed Patterned Reflective Pavement (PPPRP) Marking

Material ..................................................................................................................... 599

SP Section 951- Pavement Marking Materials

951.08 - Lead Free Epoxy Marking Materials ......................................................... 601

PROPOSAL FORM PACKET

CP - Proposal Form Packet - State .................................................................................... 606

01-03-13

NOTICE TO CONTRACTORS

Most SHA projects advertised for construction after July 1, 2012 were designed to follow the “2011 Maryland Standards and Specifications for Soil Erosion and Sediment Control”. This project will be built using the 2011 version of these Standards and Specifications. These Standards and Specifications contain significant revisions to materials and methods compared to earlier versions. Perspective bidders are encouraged to consider the impacts of these changes when preparing their bids. These Standards and Specifications can be found on the internet at: http://www.roads.maryland.gov/Index.aspx?PageId=689&d=6 .

05-07-13

NOTICE TO CONTRACTORS

Environmental Stewardship

The Maryland State Highway Administration is committed to the development and maintenance of the Administration’s highway system in an environmentally responsible manner. Therefore, Contractors are encouraged to consider the use of Administration-approved recycled and reclaimed materials in construction projects where practicable, and in accordance with the Plans and Specifications.

The Contractor is also encouraged to reuse, salvage, or recycle all generated waste materials to the extent possible. Materials that are easily recognizable, maintain their physical properties, meet the required material properties for recycling, are easily separated and transported, and have value as commodities are candidates for recycling. These types of materials generally include metals (steel, iron, copper, aluminum, bronze, etc.), plastics (cones, barrels, barricades, crash cushion plastic barrels, conduit, containers, etc.), aluminum poles and signs, electronic and electrical components, signals and signal components, topsoil, formwork, temporary falsework, brick, masonry, stone, wood, paper, and timber and yard waste from clearing and grubbing operations.

CONTRACT PROVISIONS CONTRACT NO. PG7585184 (NCHRP) REPORT 350 AND MASH IMPLEMENTATION SCHEDULE 1 of 2

03-02-11

Maryland Department of Transportation State Highway Administration

NOTICE TO ALL HOLDERS OF THIS CONTRACT DOCUMENT

NATIONAL COOPERATIVE HIGHWAY RESEARCH PROGRAM (NCHRP) REPORT 350 AND THE MANUAL FOR ASSESSING SAFETY HARDWARE (MASH)

IMPLEMENTATION SCHEDULE FOR DEVICES USED IN THE MAINTENANCE OF TRAFFIC

Except as otherwise specified in this Section, all items for the maintenance of traffic, including those listed under the following categories, shall be crashworthy in conformance with Level 3 or other Level as specified by the Engineer in conformance with the safety crash testing and performance criteria published in the National Cooperative Highway Research Program (NCHRP) Report 350, “Recommended Procedures for the Safety Performance Evaluation of Highway Features” or the Manual for Assessing Safety Hardware (MASH). When conformance with NCHRP Report 350 or MASH is required, the Contractor shall provide the Engineer with the manufacturers’ certifications that the devices comply with the specified criteria. Unless specifically waived by an attachment to these Contract Provisions, devices must be approved by the Office of Traffic and Safety. Category 1 Devices These devices are cones, tubular markers, flexible delineator posts, and drums, all without any accessories or attachments, which are used for channelization and delineation. Category 2 Devices These devices are Type I, II, and III barricades; portable sign supports with signs; intrusion alarms; and drums, vertical panels, and cones, all with accessories or attachments. Category 3 Devices (a) Truck Mounted Attenuators (TMAs) and Trailer Truck Mounted Attenuators (TTMAs). (b) Temporary Barrier. (1) Concrete Barrier. (2) Traffic Barrier W Beam and Water Filled Barrier. (3) Steel/Aluminum Barrier. (c) Temporary End Treatments. Category 4 Devices These devices are area lighting supports, arrow panels, and portable variable message signs that are usually portable or trailer-mounted.

CONTRACT PROVISIONS CONTRACT NO.PG7585184 (NCHRP) REPORT 350 AND MASH IMPLEMENTATION SCHEDULE 2 of 2

03-02-11

WORK ZONE DEVICES IMPLEMENTATION SCHEDULE TO CONFORM TO NCHRP REPORT 350 OR MASH CRITERIA

CATEGORY 1 Cones, tubular markers, flexible delineator posts, and drums (all without any accessories or attachments)

All devices shall conform to NCHRP Report 350 or MASH criteria.

CATEGORY 2 Type I, II, and III barricades; portable signs supports with signs; intrusion alarms; and drums, vertical panels, and cones (all with accessories or attachments)


CATEGORY 3 (a) Truck Mounted Attenuators (TMAs); Trailer Truck Mounted Attenuators (TTMAs) (b) Temporary Barriers

(1) Concrete Barrier (2) Traffic Barrier W Beam and

Water Filled Barrier (3) Steel/Aluminum Barrier

(c) Temporary End Treatments


CATEGORY 4 Portable trailer mounted devices including area lighting supports, arrow panels, and changeable message signs

The Contractor may use devices that do not conform to NCHRP Report 350 or MASH criteria, until compliance dates are established. Use of these devices shall comply with the provisions of Part 6 of the MUTCD.

CONTRACT PROVISIONS CONTRACT NO. PG7585184 MARYLAND MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES (MdMUTCD) REQUIREMENTS 1 of 1

03-06-12

NOTICE TO ALL HOLDERS OF THIS CONTRACT DOCUMENT

MARYLAND MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES (MdMUTCD) REQUIREMENTS

The 2011 Maryland Manual on Uniform Traffic Control Devices (MdMUTCD) is the legal

State standard for traffic control devices. All traffic control devices (temporary or permanent) utilized on Administration projects shall be in conformance with the requirements provided in the 2011 Edition of the Administration’s MdMUTCD for Streets and Highways.

CONTRACT PROVISIONS (Revised) CONTRACT NO. PG7585184 Page 1 of 3

7-09-08

OCCUPYING WETLANDS/WATERWAYS FOR DESIGN-BUILD The Contractor is hereby alerted to the importance of preserving waterways and wetland areas. The Administration, in conjunction with the various environmental agencies, has developed these Contract Documents so as to minimize or eliminate disturbance and damage to existing waterways and wetland areas. Any design changes must result in further avoidance and minimization of disturbance of wetlands and waterways. In order to accomplish this, the following must be rigidly adhered to: (a) Prior to performing any work on the project, the areas of wetland will be identified and

marked by orange safety fence or as directed by the Engineer. All personnel of the Contractor or sub-contractors shall be alerted to these designated areas.

(b) The Contractor or sub-contractors shall not impact any wetland or waterway, whether it be

permanently or temporarily unless otherwise stipulated in the permit and approved as an authorized action by the appropriate regulatory agency. No fill shall be placed in these areas without an appropriate permit. No storage of equipment or materials will be allowed in wetlands.

(c) The Contractor or sub-contractor shall not impact a wetland or waterway that is not covered

by an existing wetland permit. (d) If the Contractor impacts any wetland or waterway for which they do not have a wetland

permit, they shall be responsible for contacting the State Highway Administration’s Environmental Programs Division prior to restoring the wetland areas and mitigating the wetland impacts to the full satisfaction of the environment regulatory agencies, which could include monetary compensation.

(e) The cost of restoration and mitigation of the impacted areas shall be at no additional cost to

the Administration.

(f) The Design-Builder will prepare permit modifications at the conclusion design and at the conclusion of construction. The modification will be based on surveyed as-built plans and will include standard 8.5”x 11.0” plates and a revised Joint State/Federal Nontidal Wetlands and Waterways Permit application.

The importance of not abusing waterways and wetland areas cannot be overemphasized. It is possible that abuse of waterways and wetland areas could jeopardize the operation of the total Contract and could be cause for a shut-down. If a shut-down occurs because of the Contractor's failure to secure the required permits(i.e. the Contractor’s method of work includes impacts not approved by previously acquired permits), the Contractor’s negligence or operations, all costs and damages to the Contractor and to the State will be at the Contractor's expense. Non-compliance with these requirements will not be considered for an extension of Contract time. BEST MANAGEMENT PRACTICES FOR WORKING IN NONTIDAL WETLANDS, WETLAND BUFFERS, WATERWAYS, AND 100-YEAR FLOODPLAINS


7-09-08

1. NO EXCESS FILL, CONSTRUCTION MATERIAL, OR DEBRIS SHALL BE STOCKPILED OR STORED IN NONTIDAL WETLANDS, NONTIDAL WETLAND BUFFERS, WATERWAYS, OR THE 100-YEAR FLOODPLAIN.

2. PLACE MATERIALS IN A LOCATION AND MANNER WHICH DOES NOT

ADVERSELY IMPACT SURFACE OR SUBSURFACE WATER FLOW INTO OR OUT OF NONTIDAL WETLANDS, NONTIDAL WETLAND BUFFERS, WATERWAYS, OR THE 100-YEAR FLOODPLAIN.

3. DO NOT USE THE EXCAVATED MATERIAL AS BACKFILL IF IT CONTAINS

WASTE METAL PRODUCTS, UNSIGHTLY DEBRIS, TOXIC MATERIAL, OR ANY OTHER DELETERIOUS SUBSTANCE. IF ADDITIONAL BACKFILL IS REQUIRED, USE CLEAN MATERIALS FREE OF WASTE METAL PRODUCTS, UNSIGHTLY DEBRIS, TOXIC MATERIAL, OR ANY OTHER DELETERIOUS SUBSTANCE.

4. PLACE HEAVY EQUIPMENT ON MATS OR SUITABLY OPERATE THE EQUIPMENT

TO PREVENT DAMAGE TO NONTIDAL WETLANDS, NONTIDAL WETLAND BUFFERS, WATERWAYS, OR THE 100-YEAR FLOODPLAIN.

5. REPAIR AND MAINTAIN ANY SERVICEABLE STRUCTURE OR FILL SO THERE IS

NO PERMANENT LOSS OF NONTIDAL WETLANDS, NONTIDAL WETLAND BUFFERS, OR WATERWAYS, OR PERMANENT MODIFICATION OF THE 100-YEAR FLOODPLAIN IN EXCESS OF THAT LOST UNDER THE ORIGINALLY AUTHORIZED STRUCTURE OR FILL.

6. RECTIFY ANY NONTIDAL WETLANDS, WETLAND BUFFERS, WATERWAYS, OR

100-YEAR FLOODPLAIN TEMPORARILY IMPACTED BY ANY CONSTRUCTION. 7. ALL STABILIZATION IN THE NONTIDAL WETLAND AND NONTIDAL WETLAND

BUFFER SHALL CONSIST OF THE FOLLOWING SPECIES:

ANNUAL RYEGRASS (LOLIUM MULTIFLORUM), MILLET (SETARIA ITALICA), BARLEY (HORDEUM SP.), OATS (UNIOLA SP.)AND/OR RYE (SECALE CEREALE). THESE SPECIES WILL ALLOW FOR THE STABILIZATIONOF THE SITE WHILE ALSO ALLOWING FOR THE

VOLUNTARY REVEGETATION OF NATURAL WETLAND SPECIES. OTHER NON-PERSISTENT VEGETATION MAY BE ACCEPTABLE, BUT MUST BE APPROVED BY THE NONTIDAL WETLANDS AND WATERWAYS DIVISION. KENTUCKY 31 FESCUE SHALL NOT BE UTILIZED IN WETLAND OR BUFFER AREAS. THE AREA SHOULD BE SEEDED AND MULCHED TO REDUCE EROSION AFTER CONSTRUCTION ACTIVITIES HAVE BEEN COMPLETED.


7-09-08

8. AFTER INSTALLATION HAS BEEN COMPLETED, MAKE POST CONSTRUCTION

GRADES AND ELEVATIONS THE SAME AS THE ORIGINAL GRADES AND ELEVATIONS IN TEMPORARILY IMPACTED AREAS.

9. TO PROTECT AQUATIC SPECIES, IN-STREAM WORK IS PROHIBITED AS

DETERMINED BY THE CLASSIFICATION OF THE STREAM:

A. USE I WATERS: IN-STREAM WORK SHALL NOT BE CONDUCTED DURING THE PERIOD MARCH 1 THROUGH JUNE 15, INCLUSIVE DURING ANY YEAR.

B. USE III WATERS: IN-STREAM WORK SHALL NOT BE CONDUCTED DURING THE PERIOD OCTOBER 1 THORUGH APRIL 30, INCLUSIVE, DURING ANY YEAR.

C. USE IV WATERS: IN-STREAM WORK SHALL NOT BE CONDUCTED DURING THE PERIOD MARCH 1 THROUGH MAY 31, INCLUSIVE, DURING ANY YEAR.

10. STORMWATER RUNOFF FROM IMPERVIOUS SURFACES SHALL BE

CONTROLLED TO PREVENT THE WASHING OF DEBRIS INTO THE WATERWAY. 11. CULVERTS SHALL BE CONSTRUCTED AND ANY RIPRAP PLACED SO AS NOT TO

OBSTRUCT THE MOVEMENT OF AQUATIC SPECIES, UNLESS THE PURPOSE OF THE ACTIVITY IS TO IMPOUND WATER.

CONTRACT PROVISIONS CONTRACT NO. PG7585184 MBE FOR STRAIGHT STATE DESIGN-BUILD CONTRACTS 1 of 9

03-06-12

AFFIRMATIVE ACTION REQUIREMENTS UTILIZATION OF MINORITY BUSINESS ENTERPRISES

FOR STRAIGHT STATE CONTRACTS (Where the Contractor’s bid exceeds $50,000)

A. General

For the purpose of these requirements, the following terms as defined below shall apply: Administration Representative – A Minority Business Enterprise (MBE) Officer of an Administration who enforces the laws and regulations pertaining to minority business enterprise and Contract compliance. Affirmative Actions – Specific steps taken to eliminate discrimination and its effects, to ensure nondiscriminatory results and practices in the future, and to involve minority businesses fully in contracts and programs. Business Enterprises – A legal entity which is organized in any form other than as a joint venture (e.g., sole proprietorship, partnership, corporation, etc.) to engage in lawful commercial transactions. Certified Business – A business which by order of the Chair/MBE Advisory Council or his/her designee, has been certified as a bona fide MBE. Director, Office of Equal Opportunity – The individual designated for the Administration’s overall MBE compliance. Joint Venture – An association of a MBE firm and one or more other firms to carry out a single, for profit business enterprise, for which the parties combine their property, capital, efforts, skills and knowledge, and in which the MBE is responsible for a distinct, clearly defined portion of the work of the Contract and whose share in the capital contribution, control, management, risks, and profits of the joint venture are commensurate with its ownership interest. Minority Business Enterprise (MBE) – Any legal entity, other than a joint venture, organized to engage in commercial transactions which is at least 51 percent owned and controlled by one or more minority persons, or a nonprofit entity organized to promote interests of the physically or mentally disabled. MBE Directory – A compilation of businesses certified by MDOT as minority or socially and economically disadvantaged businesses. The directory will be published annually with quarterly supplements. It will also be provided in automated format and on the Internet to be updated as changes are made. MBE Program – A program developed by MDOT to implement the requirements of Title 14, Subtitle 3 of the State Finance Procurement Article, Annotated Code of Maryland and Title 10, Subtitle 3 of the State Finance Procurement Article of the Annotated Code of Maryland for Leases of State-Owned Property.


03-06-12

MBE Participation Packet – The documents submitted by the bidder or proposer pursuant to the appropriate special bid provisions. The MBE Participation Packet shall consist of the MBE Utilization Affidavit and the MBE Participation Schedule, both of which must be submitted with your bid or initial price proposal. The MBE Participation Packet also includes the following documents which are submitted after bids or proposals are opened: MDOT Outreach Efforts Compliance Statement (Form MDOT-OP-014-2), the MDOT MBE Subcontractor Project Participation Affidavit (Form MDOT-OP-015-2), the MDOT Joint Venture Disclosure Affidavit (Form D-EEO-006) and the Minority Contractor Unavailability Certificate (Form OOC46). Minority or Minority Person for Straight State Contracts - Member of one of the following socially and economically disadvantaged groups: 1. African American – An individual having origins in any of the Black racial groups of

Africa; 2. American Indian/Native American – An individual having origins in any of the original

peoples of North America and who is a documented member of a North American tribe, band, or otherwise organized group of native people who are indigenous to the continental United States or who otherwise have a special relationship with the United States or a state through treaty, agreement, or some other form of recognition. This includes an individual who claims to be an American Indian/Native American and who is regarded as such by the American Indian/Native American community of which he/she claims to be a part, but does not include and individual of Eskimo or Aleutian origin;

3. Asian – An individual having origins in the far East, Southeast Asia, or the Indian

Subcontinent and who is regarded as such by the community of which the person claims to be a part;

4. Hispanic – An individual of Mexican, Puerto Rican, Cuban, Central or South American,

Portuguese or other Spanish culture or origin regardless of race, and who is regarded as such by the community or which the person claims to be a part;

5. Women – This category shall include all women, regardless of race or ethnicity, although

a woman who is also a member of an ethnic or racial minority group may elect that category in lieu of the gender category; or

6. Physically or Mentally Disabled – An individual who has an impairment that

substantially limits one or more major life activity, who is regarded generally by the community as having such a disability, and whose disability has substantially limited his or her ability to engage in competitive business.

B. MBE and Good Faith Effort Requirements

1. This contract includes an MBE participation goal for subcontracting, and/or procurement of materials, and/or services. Bidders/Offerors must make a good faith effort to meet the MBE participation goal before bids or proposals are due, including outreach efforts. A bid or initial proposal must include both a completed and executed Certified MBE Utilization and Fair Solicitation Affidavit and MBE Participation Schedule. The failure of a bidder to complete and submit the Certified MBE Utilization and Fair Solicitation

CONTRACT PROVISIONS CONTRACT NO. PG7585184

MBE FOR STRAIGHT STATE DESIGN-BUILD CONTRACTS 3 of 9

11 Addendum 3, 8-1-2014

Affidavit and MBE Participation Schedule shall result in a determination that the bid is not responsive. The failure of an offeror to complete and submit the Certified MBE Utilization and Fair Solicitation Affidavit and MBE Participation Schedule shall result in a determination that the proposal is not susceptible of being selected for award.

2. In making a good faith effort to achieve the MBE goal, prior to completing the Certified MBE Utilization and Fair Solicitation Affidavit and MBE Participation Schedule and prior to submitting a bid or initial proposal bidders (or offerors) including those bidders or offerors that are certified MBEs must:

a. Identify specific work categories within the scope of the procurement appropriate for subcontracting and/or procurement of materials and/or services;

b. Solicit certified MBEs in writing at least 10 days before bids or initial proposals

are due, describing the identified work categories and providing instructions on how to bid on the subcontracts and/or procurement of materials and/or services;

c. Attempt to make personal contact with the certified MBEs solicited and to document

these attempts; d. Assist certified MBEs to fulfill, or to seek waiver of, bonding requirements; and e. Attend prebid or other meetings the procurement agency schedules to publicize

contracting opportunities to certified MBEs.

3. The bidder shall seek commitments from minority business enterprises by subcontracting and/or procurement of materials and/or services, the combined value of which equals or exceeds the established Contract goal of 26 percent of the total value of the prime Contract. The Administration has further established that, within this Contract goal, there shall be a sub-goal of a minimum of 7 percent participation by firms classified as African American-owned firms, a sub-goal of 0 percent participation by firms classified as Woman-owned firms, a sub-goal of a minimum of 0 percent participation by firms classified as Hispanic American-owned firms, and a sub-goal of a minimum of 4 percent participation by firms classified as Asian American-owned firms. A bidder may count toward its MBE goals expenditures for materials and supplies obtained from MBE regular dealers and/or manufactures provided that the MBE assume the actual and contractual responsibility for the provision of the materials and supplies. The bidder may count its entire expenditure to a MBE manufacturer (i.e., a supplier that produces goods from raw materials or substantially alters them before resale). The bidder may count sixty (60) percent of its expenditures to a MBE regular dealer, that is not a manufacturer, provided that the MBE supplier performs a commercially useful function in the supply process. The apparent successful proposer shall submit to the Administration, within ten (10) business days after notification that it is the apparent successful proposer, an acceptable Affirmative Action Plan for the utilization of Minority Business Enterprises in this Contract. The Contract will not be awarded without the bidder’s Affirmative Action Plan being approved by the Administration.

The Design-Builder’s good faith efforts to achieve the overall contract goal shall include a good faith effort to achieve DBE participation in professional services (including design, supplemental geotechnical investigations, surveying and other preliminary engineering; quality control as defined in the Contract; environmental compliance

CONTRACT PROVISIONS CONTRACT NO. PG7585184

MBE FOR STRAIGHT STATE DESIGN-BUILD CONTRACTS 4 of 9

12 Addendum 3, 8-1-2014

activities; utility coordination; permitting; and public information) for this contract of no less than 30 percent of the portion of the contract price allocable to professional services.

4. The Affirmative Action Plan shall include as a minimum: a. The name of an employee designated as the bidder’s Minority Business Liaison

Officer. b. A complete MBE Subcontractor Project Participation Affidavit (MDOT-OP 015-2), of minority business enterprises, from among those whose names appear in the MDOT MBE Directory or who are otherwise certified by MDOT as being minority business enterprises. Except as permitted by law and approved by the Administration, the MBE Subcontractor Project Participation Affidavit (MDOT-OP 015-2) submitted after the opening of bids or proposals shall include all MBE firms identified on the MBE participation schedule submitted with the bid or initial proposal with a percentage of participation that meets or exceeds the percentage of participation indicated in the bid or initial proposal. The MBE Subcontractor Project Participation Affidavit (MDOT-OP 015-2) shall be completed and signed by the Bidder and MBE for each business listed in the MBE Participation Schedule. c. A completed Outreach Efforts Compliance Statement (MDOT-OP 014-2).

5. When a bidder intends to attain the appropriate goal for minority business enterpriseparticipation by use of a joint venture, the bidder shall submit a Joint Venture Disclosure Affidavit (MDOT D-EEO-006-A) showing the extent of the MBE participation. If a bidder intends to use a joint venture as a subcontractor to meet its goal, the affidavit shall be submitted through the bidder by the proposed subcontractor and signed by all parties.

6. When the proposed MBE participation does not meet the MBE Contract goals, information sufficient to demonstrate that the bidder has made good faith efforts to meet these goals shall be required.

7. Request for Exception to the MBE Goal If the bidder is unable to secure from MBEs by subcontracting and/or by procurement of materials and/or services, commitments which at least equal the appropriate percent of the value of the prime Contract at time of bid, the bidder shall request, in writing, waiver of the unmet portion of the goal. This request must be initiated by checking the appropriate box on the Certified MBE Utilization and Fair Solicitation Affidavit submitted with the bid or initial proposal. The waiver may be granted by the Administrator. To obtain approval of a waiver, the bidder shall submit the following: a. A detailed statement of efforts made prior to bid to contact and negotiate with MBEs

including the dates, names, addresses, and telephone numbers of MBEs who were


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contacted; a description of the information provided to the MBEs regarding the work to be performed, anticipated schedule for portions of the work to be performed; and a detailed statement of the reasons why additional prospective agreements with MBEs were not reached;

b. A detailed statement of the efforts made to select portions of the work proposed to be performed by MBEs in order to increase the likelihood of achieving the stated goals;

c. For each MBE that the Contractor considers not qualified, but from which a bid has been received, a detailed statement of the reasons for the bidder’s conclusion; and

d. For each MBE contacted but unavailable, a Minority Contractor Unavailability Certificate, (OOC46), signed by the minority business enterprise, or a statement from the bidder stating that the MBE refused to sign the Certificate.

8. Guidance concerning good faith efforts The following is a list of the types of actions and factors that will be used to determine

the bidder's or offeror’s good faith efforts to obtain MBE participation. It is not intended to be a mandatory checklist, nor is it intended to be exclusive or exhaustive. Other factors or types of efforts may be relevant in appropriate cases.

(1) Soliciting through all reasonable and available means (e.g. attendance at pre-bid

meetings, advertising and/or written notices) the interest of certified MBEs who have the capability to perform the work of the contract. The bidder must solicit this interest within sufficient time to allow the MBEs to respond to the solicitation. The bidder must determine with certainty if the MBEs are interested by taking appropriate steps to follow up initial solicitations.

(2) Selecting portions of the work to be performed by MBEs in order to increase the likelihood that the MBE goals will be achieved. This includes, where appropriate, breaking out contract work items into economically feasible units to facilitate MBE participation, even when the bidder or offeror might otherwise prefer to perform these work items with its own forces.

(3) Providing interested MBEs with adequate information about the plans, specifications, and requirements of the contract in a timely manner to assist them in responding to a solicitation.

(4) (a) Negotiating in good faith with interested MBEs. It is the bidder's or offeror’s responsibility to make a portion of the work available to MBE subcontractors and suppliers and to select those portions of the work or material needs consistent with the available MBE subcontractors and suppliers, so as to facilitate MBE participation. Evidence of such negotiation includes the names, addresses, and telephone numbers of MBEs that were considered; a description of the information provided regarding the plans and specifications for the work selected for subcontracting; and evidence as to why additional agreements could not be reached for MBEs to perform the work. (b) A bidder using good business judgment would consider a number of factors in


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negotiating with subcontractors, including MBE subcontractors, and would take a firm's price and capabilities as well as contract goals into consideration. However, the fact that there may be some additional costs involved in finding and using MBEs is not in itself sufficient reason for a bidder's failure to meet the contract MBE goal, as long as such costs are reasonable. Also, the ability or desire of a prime contractor to perform the work of a contract with its own organization does not relieve the bidder of the responsibility to make good faith efforts. Bidders and offerors are not, however, required to accept higher quotes from MBEs if the price difference is excessive or unreasonable.

(5) Not rejecting MBEs as being unqualified without sound reasons based on a thorough

investigation of their capabilities. The contractor's standing within its industry, membership in specific groups, organizations, or associations and political or social affiliations (for example union vs. non-union employee status) are not legitimate causes for the rejection or non-solicitation of bids in the contractor's efforts to meet the project goal.

(6) Making efforts to assist interested MBEs in obtaining bonding, lines of credit, or insurance as required by the recipient or contractor.

(7) Making efforts to assist interested MBEs in obtaining necessary equipment, supplies, materials, or related assistance or services.

(8) Effectively using the services of available minority/women community organizations;

minority/women contractors' groups; local, state, and Federal minority/women business assistance offices; and other organizations as allowed on a case-by-case basis to provide assistance in the recruitment and placement of MBEs.

(9) In determining whether a bidder or offeror has made good faith efforts, the Administration may take into account the performance of other bidders or offerors in meeting the contract goal. For example, when the apparent successful bidder or offeror fails to meet the contract goal, but others meet it, the Administration may reasonably raise the question of whether, with additional reasonable efforts, the apparent successful bidder or offeror could have met the goal. If the apparent successful bidder or offeror fails to meet the goal, but meets or exceeds the average MBE participation obtained by other bidders or offerors, the Administration may view this, in conjunction with other factors, as evidence of the apparent successful bidder or offeror having made good faith efforts.

9. Bidder Use of MBE Special Services

The bidder shall consider, whenever possible, utilizing the services of minority-owned banks. Most minority banks are full-service corporations that can provide an array of financial services such as Treasury and Tax Loan fund accounts, time and demand deposit accounts, payroll services and if needed, organization investment counseling. It


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is the policy of MDOT to encourage its Contractors to utilize, on a continuing basis, MBE banks.

10. Bidder Records

The bidder shall maintain records showing actions which have been taken to comply with procedures set forth herein.

11. Bidders Cooperation

The bidder shall cooperate with the Administration representative in any review of the Contractor’s procedures and practices, with respect to the MBEs, which the Administration’s representative may, from time to time, conduct.

12. Bidder MBE Modifications During the life of the Contract, all plans to modify the approved MBE participation program will require the approval of the Administrator or his authorized representative. This will include any changes to items of work to be sublet or materials and services to be obtained which differs from those in the original MBE participation program. All requests for revisions shall be directed to the appropriate District Engineer for disposition.

The successful proposer’s failure to participate in any of the above proceedings or failure to furnish information after written request may result in rejecting the bid and non-award of the Contract.

C. RECORDS AND REPORTS

1. The Contractor shall keep such records as are necessary to determine compliance with its Minority Business Enterprise utilization obligations. The records kept by the Contractor shall be designed to include:

a. The name of minority and non-minority subcontractors and suppliers, the type of

work materials or services being performed on or incorporated in this project, the monetary value of such work materials or services, the terms of performance and/or delivery, copies of all cancelled checks paid to subcontractors and suppliers and a record of all payments made to subcontractors and suppliers.

b. Documentation of all correspondence, contacts, telephone calls, etc., to obtain the services of minority business enterprises on this project.

c. The progress and efforts made in seeking out minority contractor organizations and individual minority contractors for work on this project.

2. The Contractor shall submit reports, on a monthly basis, of those contracts and other

business transactions executed with minority business enterprises, with respect to the records referred to in C. 1., above, in such form, manner and content as prescribed by the Administration. The reports shall be due monthly on the 15th calendar day of each month. If the Contractor cannot submit their report on time, the Contractor shall notify


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the Administration’s representative and request additional time to submit the report. Failure of the Contractor to report in a time manner may result in a finding of noncompliance. Additional report may be required by the Administration upon request.

3. To insure compliance with the certified MBE Contract participation goal, the Contractor shall: a. Submit monthly reports listing all unpaid invoices over 30 days, from certified MBE

subcontractors, and the reason payment has not been made. b. Include in its agreement, with certified MBE subcontractors a, requirement that MBE

subcontractors are to submit monthly, to the Administration, a report identifying the prime Contractor and listing the following: (1) Payment received from the prime Contractor, in the proceeding 30 days; (2) Invoices for which the subcontractor has not been paid.

4. All such records and reports shall be retained for a period of three years following acceptance of final payment and shall be available for inspection by the Maryland Department of Transportation and this Administration.

D. ADMINISTRATIVE PROCEDURES FOR ENFORCEMENT

1. Whenever the Administration believes the prime Contractor or any subcontractor may not be operating in compliance with the terms of these provisions, the Administration’s representative will conduct an investigation. If the Administration representative finds the prime Contractor or any subcontractor is not in compliance with these provisions, the representative will make a report of noncompliance and notify such Contractor in writing of the steps that will, in the judgement of the Administration, bring the Contractor into compliance. If the Contractor fails or refuses to comply fully with such steps, the Administration’s representative will make a final report of the noncompliance to the Administrator, who may direct the imposition of one or more of the sanctions listed below: a. Suspension of work on the project, pending correction; b. Withholding payment or a percentage thereof, pending correction; c. Referral of MBEs to the MDOT office of MBE, for review for decertification, for

review/referral to the Attorney General’s Office for review/initiation of debarment or for review for criminal prosecution through the MDOT Office of General Counsel;

d. Initiation of suspension in accordance with COMAR regulations; e. Referral to the Attorney General’s Office for review for debarment or for criminal

prosecution through the MDOT Office of General Counsel; f. Any other action as appropriate, within the discretion of the Administrator.


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2. If the documents used to determine the status of a MBE contains false, or misleading or misrepresenting information, the matter will be referred to the MDOT Office of the General Counsel for appropriate action. In addition, when directed by the Administrator, the Contractor shall terminate, without liability to the Administration, its contract with a firm, which for any reason, is either no longer certified or no longer eligible to do business in the State. The Contractor shall promptly submit plans for maintaining the required MBE participation on the project or appropriate request for waiver of all or part of the Contract goal with appropriate documentation to support Good Faith Efforts (as established by COMAR including the MDOT MBE/MBE Program Manual). The program and all revisions require the Administrator’s approval.

E. SUBCONTRACTING.

Subcontracting by the Prime Contractor. Form B Request for Approval of Subcontractor shall be used by the Prime Contractor to request approval of a Subcontractor and also to ensure that a formal Subcontract has been or will be written and kept on file by the Prime Contractor. Completion and submittal of the form by the Prime Contractor acknowledges that the Administration’s Contracting Officer may require the submission of the written Subcontract for review by the Administration and/or FHWA. Lower Tier Subcontracting by an Approved Subcontractor. Form B Subcontractor’s Request for Approval of Lower Tier Subcontractor shall be used by an Approved Subcontractor to request approval of a Lower Tier Subcontractor and also to ensure that a formal Subcontract has been or will be written and kept on file by the Subcontractor. Completion and submittal of the form by the Subcontractor acknowledges that the Administration’s Contracting Officer may require the submission of the written Subcontract for review by the Administration and/or FHWA. Form Acquisitions. Maryland State Highway Administration Form B may be acquired through the Administration’s Contracts Award Team or District Office. All questions should be directed to the Office of Construction, Contracts Award Team. It is the Administration’s intention to randomly select during each calendar quarter a

representative sample of written Subcontracts for review. This review will be conducted by the Office of Construction's Contracts Award Team.

CONTRACT PROVISIONS CONTRACT NO. PG7585184 NOTICE TO CONTRACTORS MBE/DBE GOAL 1 of 1

12-03-09

NOTICE TO CONTRACTORS CONCERNING THE MBE/DBE GOAL ON THIS CONTRACT

The Maryland Department of Transportation is committed to providing the maximum amount of contracting opportunities to certified Minority Business Enterprises (MBEs) and Disadvantaged Business Enterprises (DBEs). The previously established policy excluded consideration of the cost of supplying structural steel for MBE/DBE participation since there were no structural steel manufacturers certified by MDOT. This exemption is no longer applicable since MBE/ DBE firms have been certified under this category. The Administration reserves the right to verify the accuracy of the dollar value included on the Contractor’s Affirmative Action Plan, including the value associated with the manufacture, supply, and installation of structural steel.

CONTRACT PROVISIONS CONTRACT NO. PG7585184 MBE DUAL CERTIFICATION 1 of 1

12-03-09

CONTRACT PROVISIONS MBE DUAL CERTIFICATION

Effective on October 1, 2009, Minority Business Enterprise (MBE) firms may elect to be dually certified as woman-owned businesses and as members of an ethnic or racial category. For purposes of achieving any gender or ethnic/racial MBE participation subgoals in a particular contract, an MBE firm that has dual certification may participate in the contract either as a woman-owned business or as a business owned by a member of a racial or ethnic minority group, but not both.

(a) A firm must be listed in the MDOT MBE/DBE Directory with the gender category in order to be used to meet the gender subgoal.

(b) A firm must be listed in the MDOT MBE/DBE Directory with an ethnic/racial category in order to be used to meet the ethnic/racial subgoal.

(c) A firm must be listed in the MDOT MBE/DBE Directory with both the gender and

ethnic/racial categories in order for a contractor to have the option of selecting which of those categories it will use for the firm on a State contract.

(d) Contractors should designate whether the MBE firm will be used as a woman-owned

business or as a business owned by a member of a racial/ethnic group before calculating the percentage of MBE participation goals and subgoals they intend to meet.

Maryland’s MBE/DBE Directory will reflect the dual certification status beginning October 1,

2009. You can access the MBE/DBE Directory at http://mbe.mdot.state.md.us.

CONTRACT PROVISIONS CONTRACT NO. PG7585184 APPRENTICESHIP TRAINING FUND 1 of 6

05-07-13

CONTRACT PROVISIONS

APPRENTICESHIP TRAINING FUND

Effective July 1, 2013 State Law requires all contractors and subcontractors working on State prevailing wage projects with prevailing wage determinations to register (Apprenticeship Training Fund Site) with the Division of Labor and Industry Prevailing Wage Unit prior to the commencement of work and to make certain contributions toward improving and expanding apprenticeship programs in the State. In addition, registered apprenticeship programs and organizations that have registered apprenticeship programs that have been selected by contractors and subcontractors for contributions also are required to register with the Division of Labor and Industry Prevailing Wage Unit. The State Apprenticeship Training Fund requires contractors and some subcontractors on public work contracts to make contributions to: (1) a registered apprenticeship program, (2) an organization that operates registered programs, or (3) the State Apprenticeship Training Fund. The following information concerning the requirements of the apprenticeship training fund program are being provided for informational purposes only. It is the contractor’s responsibility to contact the Maryland Department of Labor, Licensing and Regulation (DLLR), prior to commencement of any work, to determine how these provisions are being implemented and enforced by DLLR. Definitions. The following terms have the meanings indicated.

(a) Terms Defined.

(1) “Approved apprenticeship program” means an apprenticeship program or an organization with an apprenticeship program which has been registered with, and approved by, the Maryland Apprenticeship and Training Council or the United States Department of Labor.

(2) “Commissioner” means the Commissioner of Labor and Industry. (3) “Covered craft” means a classification of workers listed in the prevailing wage

determination applicable to a prevailing wage project. (4) “Fund” means the State Apprenticeship Training Fund.

Hourly Contribution Rate.

(a) If a contractor participates in an apprenticeship training program for each covered craft, the contractor satisfies their obligation under State Finance and Procurement Article, §17-


05-07-13

603(a)(1), Annotated Code of Maryland, by making contributions of at least 25 cents per person per hour.

(b) If a subcontractor participates in an apprenticeship training program for each covered craft,

the subcontractor satisfies their obligation under State Finance and Procurement Article, §17-604(a)(1), Annotated Code of Maryland, by making contributions of at least 25 cents per person per hour.

(c) Contractors and subcontractors that do not participate in an apprenticeship training program

shall pay at least 25 cents per person per hour for each employee in each covered craft on the prevailing wage project to a registered apprenticeship program, an organization that has a registered apprenticeship program, or the Fund.

(d) Contractors and subcontractors who make contributions to the Fund shall do so on a

monthly basis. (e) Contractors and subcontractors who make contributions to a registered apprenticeship

program or an organization that has a registered apprenticeship program shall make contributions on a monthly basis or consistent with a collective bargaining agreement or other contractual arrangement.

(f) If there is a prevailing wage determination that includes a fringe benefit contribution for

apprenticeship that exceeds 25 cents per hour, a contractor or subcontractor that makes contributions to the Fund shall pay to the employee wages in the amount that the fringe benefit contribution for apprenticeship exceeds 25 cents per hour.

Contractor and Subcontractor Registration.

(a) Contractors performing work on a prevailing wage project shall complete the registration

process at the Division of Labor and Industry’s website at https://www.dllr.state.md.us/prevwage.

(b) Subcontractors who are performing work valued at $100,000 or more on a prevailing wage

project shall complete the registration process at the Division of Labor and Industry’s website at https://www.dllr.state.md.us/prevwage.

(c) Prior to the commencement of work, a registered contractor or registered subcontractor

shall log onto the Division of Labor and Industry’s website at https://www.dllr.state.md.us/prevwage and complete the required project log information including: (1) The prevailing wage project number; (2) Contract value;


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(3) Identification of subcontractors to perform work on the project and subcontract value

amount; (4) Designation of the program or Fund where the contractor or subcontractor will make

contributions; and (5) Any other information that the Commissioner requires.

Contractor and Subcontractor Notification to Subcontractors.

(a) Contractors and subcontractors who hire subcontractors performing work valued at $100,000 or more on a public work contract subject to the Maryland Prevailing Wage Law shall provide the subcontractors with written notice of the following requirements:

(1) Subcontractors shall complete the registration process at the Division of Labor and Industry’s website at https://www.dllr.state.md.us/prevwage;

(2) Prior to the commencement of work, a subcontractor shall log onto the Division of

Labor and Industry’s website at https://www.dllr.state.md.us/prevwage and complete the required project log information including: (a) The prevailing wage project number; (b) Contract value; (c) Identification of all subcontractors to perform work on the project and subcontract

value amount; (d) Designation of the program or Fund where the subcontractor will make

contributions; and (e) Any other information that the Commissioner requires; and (f) Subcontractors performing work on a prevailing wage project valued at $100,000

or more are required to make payments to approved apprenticeship programs or to the Fund for each employee employed in classifications listed on the prevailing wage determination.

(b) Contractors and subcontractors shall retain a copy of the written notice required in §A of

this regulation that was provided to covered subcontractors for inspection and review by the Commissioner for 3 years after the completion of their work on a public work project.


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Contractor and Subcontractor Obligations Related to Contributions. Contractors and subcontractors are required to:

(a) Indicate on their prevailing wage payroll record their contributions under State Finance

and Procurement Article, §17-603 or 17-604, Annotated Code of Maryland; and (b) Certify that the contributions were received by an approved apprenticeship program or

the Fund.

Notification to Division of Labor and Industry of Changes to Designated Approved Apprenticeship Programs or Fund.

(a) Contractors and subcontractors shall log onto the Division of Labor and Industry’s website at https://www.dllr.state.md.us/prevwage and indicate each approved apprenticeship program or the Fund to which it will make contributions.

(b) If a contractor or subcontractor intends to change a designation, it shall log onto the Division of Labor and Industry’s website at https://www.dllr.state.md.us/prevwage to indicate the change in designation 30 days prior to that change.

Approved Apprenticeship Program Obligations.

(a) Upon notice from the Division of Labor and Industry that the approved apprenticeship program has been designated for contributions by a contractor or subcontractor, an approved apprenticeship program shall register on the Division of Labor and Industry’s website at https://www.dllr.state.md.us/prevwage.

(b) An approved apprenticeship program shall complete the requested information on contributions received from contractors and subcontractors for each covered craft for each prevailing wage project at the Division of Labor and Industry’s website at http://www.dllr.state.md.us/prevwage on or before the last day of the month immediately following each calendar quarter.

(c) Certify that all funds received are used solely for the purpose of improving or expanding apprenticeship training in the State.

Audit of an Approved Apprenticeship Program. The Commissioner may require an independent audit by a certified public accountant of an approved apprenticeship program to verify that contributions received are used consistent with this subtitle.


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Enforcement Procedures.

(a) The Commissioner may investigate whether State Finance and Procurement Article, Title 17, Subtitle 6, Annotated Code of Maryland, has been violated: (1) On the Commissioner’s own initiative; (2) On receipt of a written complaint; or (3) On referral from another State agency.

(b) The Commissioner may require a contractor, subcontractor, or an approved apprenticeship program to produce records as part of its investigation.

(c) The Commissioner may enter a place of business to: (1) Interview individuals; or (2) Review and copy records.

(d) If after an investigation, the Commissioner determines that there is a violation of State Finance and Procurement Article, Title 17, Subtitle 6, Annotated Code of Maryland, or a regulation adopted to carry out the title, the Commissioner shall issue an administrative charge that shall: (1) Describe in detail the nature of the alleged violation; (2) Cite the provision of law or regulation that is alleged to have been violated; and (3) State the penalty, if any.

(e) Within a reasonable amount of time after the issuance of the administrative charge, the Commissioner shall send a copy of the administrative charge to the alleged violator by certified mail with notice of the opportunity to request a hearing.

(f) Within 15 days after the alleged violator receives the administrative charge, the employer may submit a written request for a hearing on the administrative charge and proposed penalty.

(g) If a hearing is not requested within 15 days, the administrative charge, including any penalties, shall become a final order of the Commissioner.


05-07-13

(h) If there is a request for a hearing, the Commissioner may delegate the hearing to the Office of Administrative Hearings in accordance with State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.

(i) A proposed decision of an administrative law judge shall become a final order of the Commissioner unless, within 15 days of the issuance of the proposed decision: (1) The Commissioner orders review of the proposed decision; or (2) The alleged violator submits to the Commissioner a written request for review of the

proposed decision.

(j) After review of the proposed decision under §I of this regulation, with or without a hearing on the record, the Commissioner shall issue an order that affirms, modifies, or vacates the proposed decision.

CONTRACT PROVISIONS CONTRACT NO. PG7585184 MBE/DBE COMPLIANCE FIELD MEETING 1 of 1

10-31-08

MBE/DBE COMPLIANCE FIELD MEETING

A MBE/DBE compliance Field Meeting will be conducted to review the responsibilities of the Administration and the Contractor’s personnel relative to MBE/DBE Compliance and documentation. The meeting will be held within two weeks after starting work on the project. The Construction Project Engineer, who will notify the following of the date, time and location, will arrange the meeting. At least one week advanced notice will be required. (a) Administrative Representatives. (1) Director, Office of Equal Opportunity or Designee (2) District Equal Opportunity Officer (3) Regional Constructional Engineer (4) Construction Project Engineer (5) Construction Inspection Division Inspector (b) Contract Representatives. (1) Superintendent - Prime Contractor (2) Equal Opportunity Officer - Prime Contractor (3) Owner/Superintendent/Foreman MBE/ DBE - Subcontractor The Construction Project Engineer and Equal Opportunity Representative will jointly conduct the meeting. The Contractor shall notify the appropriate subcontractors and ensure their attendance.

CONTRACT PROVISIONS CONTRACT NO. PG7585184 TRAFFIC CONTROL PLAN CERTIFICATION

6/22/08

1 of 1

TRAFFIC CONTROL PLAN CERTIFICATION FOR DESIGN-BUILD PRIOR TO THE COMMENCEMENT OF WORK ON THIS PROJECT, THE SUCCESSFUL BIDDER WILL BE REQUIRED TO COMPLETE A TRAFFIC CONTROL PLAN CERTIFICATION, CONTAINING THE INFORMATION SHOWN BELOW. THE CERTIFICATION FORM WILL BE PROVIDED TO THE SUCCESSFUL BIDDER UPON AWARD OF THE CONTRACT. The Administration's Traffic Control Plan (TCP) has been reviewed and the following course of action shall be followed: Option 1 See Note Below The TCP is accepted and shall be used on this project. Option 2 See Note Below The TCP is accepted; however, revisions and/or additions shall be submitted for approval

in conformance with the Administration's Specifications 104.01. Option 3 The TCP is not accepted and revision shall be submitted for approval in accordance with

the Administration's Specifications 104.01. It is understood that the effective implementation of the approved TCP is the responsibility of the Contractor. Minor modifications may be made by the Traffic Manager if field conditions warrant and prior concurrence is obtained from the Engineer. Significant changes to the TCP will be submitted to the Engineer in writing, for approval, in conformance with the Administration's Specifications 104.01. (DATE) (SIGNATURE) (PRINT SIGNATURE) (TITLE) Note: Option 1 and 2 shall not be used on this project.

This is a Design-build project and the Design-Build Team must prepare a TCP based on the requirements in the Administrations Specifications 104.01.

CONTRACT PROVISIONS CONTRACT NO. PG7585184 PREVAILING WAGE INSTRUCTIONS 1 of 4

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PREVAILING WAGE INSTRUCTIONS FOR THE CONTRACTOR

PAYROLLS. Non-Federally Funded Contracts. The Division of Labor and Industry, Prevailing Wage Unit is requiring that all certified payroll records be submitted electronically. For instructions on how to register and submit go online to www.dllr.state.md.us/prevwage and follow the instructions for registering. The regulation addressing this change can be found at COMAR 21.11.11.02. For Non-Federally funded projects, which include prevailing wage rates, the prime Contractor and each subcontractor, shall submit the certified payroll electronically and provide one hard scopy to the Project Engineer. All wages shall be paid in conformance with the State Finance and Procurement Article, Section 17-201-17-226 of the Annotated Code of Maryland and the Fair Labor Standards Amendments of 1974 (P.L. 93259). If the award amount of a Non-Federally funded job is less than $500,000, the project will be exempt from prevailing wage requirements. A review has been made of the wage conditions in the locality and, based on the information available, the wage rates and fringe payments listed are determined by the Commissioner of the Department of Labor and Industry to be prevailing for the Contract for the described classes of labor in conformance with the law. It shall be the responsibility of the Contractor to fully comply with the law and to contact the Office of the Commissioner of Labor and Industry for interpretation of the provisions of the law. Federally Funded Contracts. For Federally funded projects, the prime Contractor and each subcontractor shall submit one copy of the certified payroll to the Project Engineer. General Requirements for Federally and Non-Federally Funded Contracts. All payrolls are subject to the following requirements: (a) All payrolls shall be numbered, beginning at No. 1, and consecutively numbered through

the end of the Contract. (b) Contract and FAP numbers shall be shown on all payrolls (as applicable). (c) All payroll submissions shall include:

(1) Federally Funded – employees’ full name, classification, and Individual Identifying Number (IIN) e.g. (last four digits of social security number). Refer to FHWA 1273 (IV),(3),(b)1) for further requirements related to weekly payrolls.

(2) Non-Federally Funded – employees’ full name, classification, address and social security number.


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(d) All payrolls shall show the employee’s basic hourly wage rate, overtime rate (if

applicable), and the number of hours worked (tabulated both daily and weekly). (e) When fringe benefits are required, indicate separately the amount of employer

contributions to fringe benefit funds and/or programs. The fringe benefits shall be individually identified, but may be tabulated on a separate sheet. When required fringe benefits are paid in cash, add the required fringe benefit amount to the basic hourly rate to obtain the total prevailing wage rate for the employee.

(f) The employee’s net pay and the itemized deductions shall be included in all payrolls.

(g) A Contractor may make deductions that are required by law or required by a collective

bargaining agreement (between the Contractor and a bona fide labor organization). Deductions are also permitted if they are identified in a written agreement between the employee and employer that was made at the beginning of employment, provided that the Contractor presents the agreement to the Administration before the employee begins working on the Contract. Each payroll shall also include the U.S. Department of Labor and Hour Public Contracts Division Statement of Compliance Form WH-347 (or its equivalent), signed by an appropriate official of the Contractor/subcontractor. The Contractor’s name, address, and telephone number shall also be shown.

(h) On Non-Federally funded projects, all apprentices shall be registered with the Maryland

Apprenticeship and Training Council. (i) Contractors employing a classification of worker for which a wage rate was not included

on the original wage decision, shall submit to either the Wage and Hour Team (Federally Funded) or Department of Labor and Licensing (DLLR), (Non-Federally Funded), a request for an additional classification and rate prior to the employee’s employment at the project.

(j) Payrolls for Non-Federally Funded projects shall be submitted within 14 calendar days

after the end of each payroll period. (k) Payrolls for Federally Funded projects shall be submitted within 7 calendar days after the

end of each payroll period.

(l) Contractors and Subcontractors are required to maintain complete social security numbers and home addresses for employees. Government agencies are entitled to request or review all relevant payroll information, including social security numbers and addresses of employees. Contractors and Subcontractors are required to provide such information upon request.


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OVERTIME. Non-Federally Funded Contracts. Overtime rates shall be paid by the prime Contractors and subcontractors under their Contracts and agreements with their employees, which in no event shall be less than time and a half the prevailing hourly rate of wages for all hours worked in excess of ten hours in any one calendar day or forty hours in any one calendar week and work performed on Sundays and legal holidays. Fringe benefits shall be paid for all hours worked, including the overtime hours. However, the fringe benefit amounts may be excluded from the half time premium due as overtime compensation. Federally Funded Contracts. Overtime rates shall be paid as specified in Form FHWA 1273. Fringe benefits shall be paid for all hours worked, including the overtime hours. However, the fringe benefit amounts may be excluded from the half time premium due as overtime compensation. PENALTIES. Non-Federally Funded Contracts. When the Contractor is delinquent in submitting payroll records, processing of partial payment estimates will be held in abeyance, pending receipt of the records. The Contractor shall be liable to the Administration for liquidated damages in the amount of $10.00 for each calendar day the records are late. The Contractor shall be liable to the Administration for liquidated damages in the amount of $20.00 for each day that an employee is paid less than the prevailing wage. Federally Funded Contracts. When the Contractor is delinquent in submitting payroll records, processing of partial payment estimates will be held in abeyance pending receipt of the records. ADDITIONAL CLASSIFICATIONS. Federally Funded Contracts. If the wage determination lacks a necessary classification the Prime Contractor is responsible to submit the request for the additional classification, with a proposed rate, to the State Highway Administration’s Wage and Hour Team. The request is to include a copy of the projects wage determination. Non-Federally Funded Contracts. If the wage determination lacks a necessary classification the Prime Contractor is responsible to submit the request for the additional classification, with a proposed rate, to the Department of Labor and Licensing (DLLR).


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INQUIRIES. Request for information or questions shall be addressed to:

Maryland State Highway Administration Office of Construction Wage and Hour Team 7450 Traffic Drive, Building #4 Hanover, MD 21076 or Email: [email protected]

Re: Community Safety and Enhancement Project

Project No: PG7585184

Enclosed please find the Prevailing Wage Determination and Instructions for Contractors for the project referenced above.

Upon advertisement for bid or proposal of this project, you are requested to submit to this office the date and name of publication in which such advertisement appeared.

Once awarded, you are further directed to submit to this office, the NOTICE TO PROCEED for the project, complete with the date of notice, the name of the general contractor, and the dollar amount of the project. In addition, we ask that a representative of the prevailing wage Unit be invited to attend the Pre-Construction Conference.

Any questions concerning this matter may be referred to [email protected]

Sincerely,

Enclosures

Wage Determination

Instruction for the Contractor

C. Edward Poarch, II

Supervisor

Prevailing Wage Unit

Gregory Cooke - Procurement Officer

7491 Connelley Drive

Hanover, MD 21076

SHA

REQUEST FOR ADVERTISEMENT AND NOTICE TO PROCEED

03/21/2014

DEPARTMENT OF LABOR, LICENSING AND REGULATIONDIVISION OF LABOR AND INDUSTRY

PREVAILING WAGE SECTION1100 N. Eutaw Street, Room 607

Baltimore, MD 21201(410) 767-2342

STATE OF MARYLAND

3/21/2014 7:46 AM Page 1 of 6

PREVAILING WAGE INSTRUCTIONS FOR THE CONTRACTOR & SUBCONTRACTOR

The contractor shall electronically submit completed copies of certified payroll records to the Commissioner of Labor & Industry, Prevailing Wage Unit by going on-line to http://www.dllr.state.md.us/prevwage and following the instructions for submitting payroll information (NOTE: A contractor must register prior to submitting on-line certified payroll information).

If you have technical questions regarding electronic submittal, contact the Department at [email protected].

All certified payroll records shall have an accurate week beginning and ending date. The contractor shall be responsible for certifying and submitting to the Commissioner of Labor and Industry, Prevailing Wage Unit all of their subcontractors' payro